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Muhammed Ajeer @ Ajeer vs Station House Officer on 12 March, 2008

Kerala High Court
Muhammed Ajeer @ Ajeer vs Station House Officer on 12 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1539 of 2008()


1. MUHAMMED AJEER @ AJEER, S/O.SULAIMAN,
                      ...  Petitioner
2. IQBAL.P., S/O.MAJEED, AGED 34 YEARS,

                        Vs



1. STATION HOUSE OFFICER, TALIPARAMBA
                       ...       Respondent

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :12/03/2008

 O R D E R
                          R. BASANT, J.

           ````````````````````````````````````````````````````
                   B.A. No. 1539 OF 2008 D
           ````````````````````````````````````````````````````
           Dated this the 12th day of March, 2008

                             O R D E R

Application for anticipatory bail. Petitioners are

accused Nos.2 and 3. They face allegations in a crime

registered alleging offences punishable, inter alia, under

sections 324 and 379 read with 149 IPC. Three accused

persons including the petitioners are named in the FIR. The

other accused named in the FIR i.e. A1, has already been

arrested and granted regular bail. Altogether there are eight

accused persons. The alleged incident took place on the

morning of 14.1.08. There was tension in the locality

consequent to disputes between the followers of the IUML

and the CPI(M). The petitioners belong to the IUML. They

had allegedly attacked the de facto complainant, a person

owing allegiance to the CPI(M) in a bus in which he was

travelling on that morning. He was assaulted and the money

kept in his pocket was taken away by using force. Crime has

BA.1539/08
: 2 :

been registered. The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that

the petitioners are innocent. The de facto complainant

belongs to the CPI(M). He has political clout and influence.

Because of such political clout, false and vexatious

allegations are raised against his political opponents. Police

is only obliging the de facto complainant. In these

circumstances, the petitioners may be granted anticipatory

bail. They may be saved of the trauma of arrest and

detention, submits the learned counsel for the petitioners.

3. The learned Public Prosecutor opposes the

application. He submits that all the available indications do

clearly point to the complicity of the petitioners and they are

named in the FIR also. In these circumstances, there is no

justification in the prayer for invocation of the extraordinary

equitable discretion under section 438 Cr.P.C. The

petitioners may be directed to surrender before the learned

Magistrate or the investigating officer and then seek regular

bail, submits the learned Public Prosecutor.

BA.1539/08
: 3 :

4. Having considered all the relevant inputs, I find

merit in the opposition by the learned Public Prosecutor. I am

satisfied that there are no features in this case which would

justify the invocation of the extraordinary equitable discretion

under Section 438 Cr.P.C. This, I agree with the learned

Public Prosecutor, is a fit case where the petitioners must

appear before the investigating officer or the learned

Magistrate having jurisdiction and then seek regular bail in the

normal and ordinary course.

5. In the result, this petition is dismissed. Needless to

say, if the petitioners surrender before the investigating officer

or the learned Magistrate and apply for bail, after giving

sufficient prior notice to the Prosecutor in charge of the case,

the learned Magistrate must proceed to pass appropriate

orders on merits, in accordance with law and expeditiously.

(R.BASANT, JUDGE)
aks

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